South Dakota Termination (with Discharge): What you need to know
South Dakota is a strong “employment-at-will” state (SD Cod. Laws Sec. 60-4-4). This means that an employer (or employee) may generally terminate the employment relationship at any time and for any reason, unless a contract or law provides otherwise. There are, however, important exceptions to the doctrine of at-will employment recognized by South Dakota that place limitations on an employer's ability to terminate an employee.
South Dakota law prohibits employers from disciplining or discharging employees for engaging in the following activities, or enforcing their rights or responsibilities:
Jury duty. An employer may not discharge or suspend any employee for serving as a juror in any court in the state of South Dakota (SD Cod. Laws Sec. 16-13-41.1).
Tobacco use. It is illegal to terminate an employee because the person uses tobacco products away from the workplace during nonworking hours, unless the restriction relates to a bona fide occupational requirement and is reasonably related to the employment activities and responsibilities of a particular employee or a particular group of employees rather than to all employees of the employer, or it is necessary to avoid a conflict of interest (SD Cod. Laws Sec. 60-4-11).
Whistleblowing. Public employees may not be retaliated against for reporting a violation of state law to their employer or to the attorney general's office (SD Cod. Laws Sec. 3-6D-22).
Wage and hour law. Employers may not retaliate against an employee for making a complaint to the employer, for instituting a wage complaint or proceeding, or for testifying in a proceeding under state wage and hour laws (SD Cod. Laws Sec. 60-11-17.1).
The South Dakota Human ...
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South Dakota Termination (with Discharge) Resources
Termination (with Discharge) Products
The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
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